—Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Monroe County, Bergin, J. — Reargument.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Gorski and Lawton, JJ.
Tyrone L. Madison, Respondent, v. Spancrete Machine Corporation, Defendant and Third-Party Plaintiff-Respondent. Old Castle Pre-Cast, Inc., Formerly Known as Spancrete Northeast, Inc., Third-Party Defendant-Appellant
288 A.D.2d 889732 N.Y.S.2d 196
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